When Government Spreads Disease: The 1906 Meat Inspection Act : The Freeman : Foundation for Economic Education

When Government Spreads Disease: The 1906 Meat Inspection Act : The Freeman : Foundation for Economic Education

You know the old myth about the meat-packing industry. In 1906, Upton Sinclair came out with his bookThe Jungle, and it shocked the nation by documenting the horror of the meat-packing industry. People were being boiled in vats and sent to larders. Rat waste was mixed with meat. And so on.
As a result, the Federal Meat Inspection Act passed Congress, and consumers were saved from ghastly diseases. The lesson is that government is essential to stop private enterprise from poisoning us with its food.
To some extent, this mythology accounts for the wide support for government’s involvement in stopping Ebola today. Not only that, but the story is also the basis for the US Department of Agriculture’s food inspection efforts, the Food and Drug Administration’s regulation of medical drugs, the central plan that governs food production, the Centers for Disease Control and Prevention, and the legions of bureaucrats who inspect and badger enterprise every step of the way. It is the founding template for why government is involved in our food and health at all.
It’s all premised on the implausible idea that people who make and sell us food have no concern as to whether it makes us sick. It only takes a quick second, though, to realize that this idea just isn’t true. So long as there is a functioning, consumer-driven marketplace, customer focus, which presumably includes not killing you, is the best regulator. Producer reputation has been a huge feature of profitability, too. And hygiene was a huge feature of reputation — long before Yelp.
Lawrence Reed deals ably with other myths of the meat-packing industry. Sinclair’s book was not intended as a factual account. It was a fantasy rendered as a socialist screed. It did drum up support for regulation, but the real reason for the act’s passage was that the large Chicago meat packers realized that regulation would hurt their smaller competitors more than themselves. Meat inspections imposed costs that cartelized the industry. That’s why the largest players were the law’s biggest promoters. Such laws almost have more to do with benefiting elites than protecting the public.
Still, there is more to this little-known history that speaks to the entire basis for government management of health. The legislation required federal inspectors to be on site at all hours in every meat-packing plant. At the time, regulators came up with a shabby method for detecting bad meat, namely poking a rod into the meat and smelling the rod. If it came out smelling clean, they would poke the same rod into the next piece of meat and smell it again. They would do this throughout the entire plant.
But as Baylen J. Linnekin points out in “The Food-Safety Fallacy: More Regulation Doesn’t Necessarily Make Food Safer” (Northeastern University Law Journal, vol. 4, no. 1), this method was fundamentally flawed. You can’t necessarily detect pathogens in meat by smell. It takes a long time for bacteria to begin to stink. In the meantime, bacteria can spread disease through touch. The rod could pick up bacteria and transmit it from one piece of meat to another, and there was no way for inspectors to know about it. This method of testing meat most certainly spread any pathogens from bad meat to good meat, assuring that an entire plant became a house of pathogens rather than having them restricted to just one carcass.